Rapists’ sentences, strokes affirmed

TWO brothers, who in December 2003 were jailed for 25 years with 15 strokes and 20 years with ten strokes respectively, for rape, robbery, sexual assault and attempted arson, lost their  appeals yesterday and had their sentences affirmed with the order that they begin their sentences yesterday. Six grounds of appeal were filed on behalf of Winty “Momoy” Roberts, while three grounds were filed for his brother Keith “Pam Pam”  Roberts. Special prosecutor Dana Seetahal represented the State. The court, comprising Chief Justice Satnarine Sharma and Justices’ Lionel Jones and Stanley John, stated they agreed that the trial judge did not direct the jury on how they should treat the oral admissions, apart from giving the usual warning that it was not evidence against the other appellant.

With respect to the voice identification by some of the victims, the court said while the trial judge did not deal specifically with this identification, he earlier directed the jury on how they should treat with that type of identification. Also, the judge’s omission to tell the jury that any doubt they might entertain with respect to the brothers’ alibi should be resolved in their favour, must also be considered in the context of the case as a whole. However, the court stated that the real strength of the prosecution’s case against Keith, lay in the possession of the stolen items being found at his home about an hour after the crime. when viewed against the alibi set up by the accused, it was not difficult to understand the jury’s rejection of it (alibi), the court also stated.    

The facts of the case were that three young women and two men were spending the weekend at a house on Warden Road in Point Fortin, when they were attacked by the brothers and another man at about 10.30 pm on September 30, 2000. The other man, identified as Nigel, was never arrested. Two of the women were outside the building when the men approached with their faces covered. The women were ordered into the house where they were raped and robbed. The men also took a silver chain and a bank card and cash from one of the men who were with the women.

After the attackers left, a report was made to the police and, one hour later, Keith Roberts was arrested. In his shirt pocket the police found the chain and the bank card. Keith Roberts confessed that, “me, Momoy and Nigel went down by them girls and them. I does go mad sometimes. Ah doesn’t know what I does be doing.” Winty Roberts denied raping the girls. The victims were able to identify the rapists by their voices, since they (the victims) lived and grew up with their attackers in the same area.